Commercial & Civil Litigation

Litigation is a problematic part of the business world. The Luis F. Hess Law Firm has the solution to your problems.

We have had experience representing both the plaintiff and defense in a variety of business or commercial litigation matters. These causes of actions include:

  • Contract actions including breach of contract, tortious interference with existing contracts or prospective relations, and covenants not to compete,
  • Deceptive trade practices,
  • Fraud,
  • Intentional Infliction of Emotional Distress,
  • Landlord-Tenant,
  • Libel & Slander,
  • Negligence and Nuisance Issues,
  • Premises and Theft Liability,
  • Unfair and Fair Debt Collection, and
  • Warranty Actions.

Some litigation issues are more prevalent (e.g., breach of contract) than others (e.g., libel and slander). The most popular causes of action that our firm can litigate on are listed above.

The costs of litigation depends on both the facts and the behavior of the parties. For instance, we recommend drafting and sending a copy of the proposed lawsuit with the demand letter as a demonstration of the serious of the situation. Some potential defendants or counter-defendants take these documents seriously and will respond quickly because of it. However, others will dismiss it until the lawsuit is filed.

Attorney fees may also be recoverable. However, that too depends on the facts and the cause of action being filed.

The one thing any potential litigant must know is that if you are threatening to file a lawsuit, you must be willing to follow through. Our firm does not represent clients who will rattle their saber but will not strike if the situation calls for it. Law firms that threaten to file suit but never do will develop a reputation as “all bark, no bite.” Hence, because of the firm standards, you can rest assure that any threats are taken seriously by opposing parties.

Breach of Contract, Contract Disputes: When a party’s failure to fulfill their end of a contract results in delaying the transaction or injuring your financial or business interests, we can help you pursue effective relief.

Non-Compete Agreements, Enforcement, and Trade Secrets: In order to be enforceable, non-compete agreements must be (a) part of a larger employment contract between the employer and employee, (b) there is a legitimate reason for limiting when, where, and how the employee works for a competition (e.g., trade secrets), and (c) whether the restrictions are specific and reasonable. Enforcing these rights is key for businesses protecting their short-term and long-term interests.

Shareholder and Partner Disputes: Shareholder and partner disputes arise for countless reasons, from a falling out between partners over compensation, to the breakup of a company following the admission of fraud by a controlling owner. We work on a wide range of cases involving corporate, shareholder, and partner disputes, including enforcement of shareholder agreements, derivative actions against corporations, actions to dissolve corporations, misuse of corporate assets or opportunities, and breach of fiduciary duty claims.